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jenwms68
Jun 14, 2009, 07:04 AM
Not sure if this should be posted in real estate or here, kind of a sticky situation
My ex has sole ownership of the house we once owned together. In March he came to me with a proposition of me and our children renting the house because he was unemployed and cannot make mortgage payments, I was renting somewhere else and working 2 jobs ( I also received 200 a month in food stamps to help. Our youngest son lived with his dad & the other boys lived with me which I only lived 2 less than half a mile away. The agreement was he would pay the electric if I paid his mortgage. I do not get child support but he is supposed to be giving me 40.00 a week to help cover health insurance on our 3 boys which I get through my work. He said it would be helping both of us financially (which sounded good at the time)
So we moved in I didn't realize how bad of shape the house was in. ( I knew he kept it messy) but there were rats (we killed 7 in the house!) I finally got the house livable (the yard is another story) since he is the children's father, he had to fill out some paper work in order for me to continue receiving food stamps. Which he wouldn't do so I lost the foodstamps. 200.00 may not seem like much but I really depended on them. And the 40 a week has accumulated to 900. That he owes on the kids health insurance.he also is refusing to pay electric bill. I had to use 265.00 of rent to buy food for my kids last month and this month I have only given him half of the rent because of his refusal to help with his part. I need to know what my rights are we have no contract, he now wants me out but says I am not taking the kids. They don't want to stay with him they are all teenagers 7 do not have a good relationship with him. He doesn't stay here with us he lives in a neighboring town, but comes and goes when ever he feels like it because its "his house" he has come in drunk and started a fight with our oldest son. It's a really big mess and A lot more detailed then what I have written here. But after I found out a few things, I will not leave any of the kids with him. What options do I have? How long does he have to give me? This may not even be the appropriate forum for this but I need to get some feed back some where. Any advice would be greatly appreciated. Thanks

stevetcg
Jun 14, 2009, 07:29 AM
If he is renting the house to you he does not have the right to come and go. You are a tenant and protected under tenant laws. He cannot just kick you out. He has to legally evict you according to the laws of your county. Usually this involves a 30 day written notice. As for you not taking the kids... it seems to me as though you have primary custody. I cannot imagine why you wouldn't take the kids. He certainly doesn't have any say in the matter unless he gets court ordered custody.

As for food stamps, your only option is to go after him for child support. I am curious why the state didn't go after him for support when you went on food stamps in the first place.

cdad
Jun 14, 2009, 09:12 AM
The biggest problem you have is it seems that nothing is in writing. And your working with separate issues and thinking they are combined.
1) rent is a separate issue and you can't just short the rent and not expect something to come of it.
2) If you don't have a court order for custody then the games will continue forever
3) The food stamps again is separate.
4 Child support and medical are held separate.

So your best option is ti start making things official. Take him to court and get this mess straightened out. Apply for the food stamps again and make him fill out what's needed by court order if you have to.
I agree with Steve as far as the rental laws go but you really need to get into court.